Can I Receive Punitive Damages After a Truck Accident?

The injuries and property damage in the aftermath of a truck accident are extremely serious. If you have sustained amputations, broken bones, traumatic head injuries, or other significant injuries, you may be able to obtain compensation for your medical bills, lost income, and other losses, like pain, suffering, and loss of enjoyment of life. To claim this compensation, you must prove that someone else, such as the truck driver or trucking company, was at fault for the crash.
There are many different types of compensation that may be available in your claim. Below, our San Antonio truck accident attorney explains what these are.
What are Punitive Damages in Truck Accident Cases
There are many different types of damages available in truck accident cases. Economic damages are meant to compensate you for the losses you suffered that have an actual dollar value. These can include losses such as your medical expenses, lost income, and loss of services, such as maintaining your home.
You may also be able to recover non-economic damages. These are harder to quantify because they do not have a concrete dollar value. Non-economic damages can provide compensation for the pain and suffering you endured, loss of enjoyment of life, physical impairment, mental anguish, and disfigurement.
Lastly, punitive damages, also known as exemplary damages, are only awarded when the defendant’s actions were grossly negligent. For example, if a truck driver was impaired at the time of the crash, that is considered grossly negligent behavior. Punitive damages may be awarded in order to punish this type of behavior and to deter the defendant and others from acting in a similar manner in the future.
How to Obtain Punitive Damages
It is important to note that punitive damages are rarely awarded. This is partly due to the fact that there are multiple facts you must prove before they are awarded.
To prove gross negligence in Texas, you must demonstrate that the defendant was aware their actions carried a high probability of extreme risk and consciously proceeded with those actions despite the potential harm, essentially showing a “reckless disregard” for the safety of others, which is a higher standard than regular negligence and often requires substantial evidence to prove conscious indifference to the risk involved.
If you can prove the above elements of your case by clear and convincing evidence, you may be able to obtain punitive damages. Punitive damages cannot exceed the greater of two times the amount of economic damages plus the noneconomic damages, not to exceed $750,000; or $200,000. There are specific exceptions to the caps on punitive damages awarded in Texas under Section 41.008(c). Those exceptions to the caps are mainly for criminal acts, such as sexual assault, intoxication assault, intoxication manslaughter, and other severe acts.
Our Truck Accident Attorney in San Antonio Can Accurately Value Your Case
There are many reasons to work with a San Antonio truck accident attorney after suffering serious injuries. At the Law Office of Israel Garcia, our experienced attorney can determine who is liable for your injuries and accurately value your claim so you obtain a fair settlement. Call us today at 210-LAW-9999 or chat with us online to schedule a free consultation and to get the legal help you need.
Source:
statutes.capitol.texas.gov/docs/cp/htm/cp.41.htm